The Role of Sharia Law in Child Custody Cases in the UAE

1. The Role of Sharia Law in Child Custody Cases in the UAE In the UAE, matters concerning child custody in Muslim families are significantly influenced by Sharia law, outlined in Federal Law No. 28/2005, the personal status law. This law defines the principles and guidelines governing child custody cases, reflecting the UAE’s commitment to ensuring the well-being of children and upholding Islamic values. In this blog, we explore the elaborate role of Sharia law in child custody matters within the UAE legal framework. Understanding Sharia Law in Child Custody: Sharia law, derived from Islamic principles, plays a vital role in shaping the landscape of family law in the UAE. Federal Law No. 28/2005 personal status incorporates Sharia concepts, and its provisions underscore the importance of safeguarding the best interests of the child. Key Principles of Sharia Law in Child Custody: Custody vs. Guardianship: Sharia law differentiates between custody and guardianship. Custody refers to the day-to-day care of the child, including responsibilities such as feeding, clothing, and sanitation. Guardianship, on the other hand, involves the provision of financial and considerable means, including maintenance, school fees, and housing. Custodian and Guardian Roles: Post-divorce, the mother typically becomes the custodian of the child, responsible for the child's daily needs. The father assumes the role of guardian, contributing to the child's financial support. This distribution aligns with Islamic principles and aims to maintain stability and continuity in the child's life. Qualifications for Custodianship: To become a custodian, certain conditions must be met, as outlined in Article 143 of the UAE Personal Status Law. This includes having good judgment, maturity, fidelity, and the ability to raise the child properly. The custodian must also be free from contagious diseases and should not have a past conviction for a crime against honour. As per Article 144, if the custodian is a woman, she must share the same religion as the child. Additionally, she should not be married to a man unrelated to the child unless the court believes it's in the child's best interest. Custody Duration and Age Limits: Custody awarded to the mother typically ends when the male child reaches 11 years of age and the female child reaches 13 years. However, exceptions exist, allowing the courts to extend custody based on the child's best interests, particularly if it serves their well- being and stability. Father's Rights and Responsibilities: According to Article 152(3) of Federal Law No. 28/2005, the father may waive his rights to custody if not requested within six months after the child reaches the legal age. This provision underlines the importance of timely decisions in the child's best interests. The law provides an opportunity for the father to claim custody once the male child reaches 11 years of age and the female child reaches 13 years of age. The court may grant sole custody to the father if it finds the mother unfit and believes the father is better suited to provide for the child's best interest. Court's Discretion for the Child's Best Interests: In keeping with Sharia principles, the court has the authority to modify custody arrangements if it deems it necessary for the best interests of the child. This discretionary power highlights the court's role in adapting to changing circumstances, ensuring the child's well-being is prioritized.

2. Conclusion: The role of Sharia law in child custody cases in the UAE, governed by Federal Law No. 28/2005, reflects a commitment to Islamic values and the best interests of the child. Balancing tradition with modernity, the legal framework provides guidance for families navigating the complexities of child custody, emphasizing a comprehensive and compassionate approach.